senate Bill S5248

2017-2018 Legislative Session

Provides liability for medical costs resulting from a dog bite or bites; exemptions allowed for police work dogs, hearing dogs and service dogs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to judiciary
Mar 17, 2017 referred to judiciary

S5248 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4629
2015-2016: S2494
2019-2020: S2747

S5248 (ACTIVE) - Summary

Provides strict liability for medical costs resulting from a dog bite or bites; allows exemptions for police work dogs, hearing dogs and service dogs; allows additional recovery where it can be proved that the dog had dangerous or vicious propensities and the owner had knowledge of such propensities.

S5248 (ACTIVE) - Sponsor Memo

S5248 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5248

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 17, 2017
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to liability of
  owners for dog bites

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be  known  and may be cited as "Frankie
Flora's Law".
  § 2. The general obligations law is amended by adding  a  new  section
11-108 to read as follows:
  § 11-108. LIABILITY OF OWNER OF DOG; INJURY TO INDIVIDUALS AND COMPAN-
ION  ANIMALS; EXCEPTIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE OWNER OF A DOG SHALL BE LIABLE FOR MEDICAL COSTS RESULTING  FROM  AN
INDIVIDUAL  OR  COMPANION  ANIMAL  BEING  BITTEN,  AS THE RESULT OF SUCH
OWNER'S NEGLIGENCE IN THE SUPERVISION OR CONTROL OF SUCH OWNER'S DOG, BY
SUCH DOG. IN ORDER TO RECEIVE ANY COMPENSATION ABOVE AND BEYOND  MEDICAL
COSTS  UNDER  THE  PROVISIONS OF THIS SECTION, THE VICTIM MUST PROVE THE
DOG HAD DANGEROUS OR VICIOUS PROPENSITIES AND THE OWNER HAD KNOWLEDGE OF
SUCH PROPENSITIES.
  2. NOTHING IN THIS SECTION SHALL AUTHORIZE THE BRINGING OF  AN  ACTION
PURSUANT  TO SUBDIVISION ONE OF THIS SECTION AGAINST ANY PERSON, GOVERN-
MENTAL ENTITY OR INSTRUMENTALITY USING A POLICE WORK DOG, HEARING DOG OR
SERVICE DOG FOR ITS INTENDED PURPOSE IF THE BITE OR BITES OCCURRED WHILE
THE DOG WAS DEFENDING ITSELF FROM AN ANNOYING,  HARASSING  OR  PROVOKING
ACT,  OR ASSISTING AN EMPLOYEE OF THE ENTITY OR LOCALITY IN THE PERFORM-
ANCE OF THEIR OFFICIAL DUTIES.
  3. THIS SECTION SHALL NOT BE DEEMED TO LIMIT OR IMPAIR  ANY  CAUSE  OF
ACTION  AUTHORIZED PURSUANT TO ANY OTHER PROVISION OF LAW AVAILABLE TO A
PERSON OR COMPANION ANIMAL INJURED AS A RESULT OF A DOG BITE  OR  BITES.
THE  PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY OTHER STATU-
TORY REMEDIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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